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My Answer:
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Nouha
Assalamu Alaykum wa Rahmatullahi wa Barakatuh.
Essentially, while both provide financing on the basis of getting return, conventional
banks provide it on the basis of interest-based lending,; they get the largest chunk of
their resources on the same basis as interest earning loans to the bank (called
deposits). On the other hand Islamic banks provide financing on the basis of either
deferred payment sale or leasing or capital sharing; they get the bulk of their
resources from profit/loss sharing deposits. The difference is not in the fact that they
both earn from financing. In fact, this is the similarity that the Qur'an did not deny
when the Unbelievers of Makkah mentioned it (2: 279). Many people wrongly think
that Islamic financing must be either free or only on the basis of sharing capital .
On the other hand, it is permissible to work in a conventional bank provided you do
not write/ fill in any interest=based transaction or sign it on behalf of the bank
because such acts make the actor fall directly under the curse of God as we are told
by the Prophet Muhammad, pbuh .
Wa Allahu A'lam
Wa Alhamdu li Allah Rabbi al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
------------------------------------------
My Answer
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Haneef,
Al Salamu Alaykum Wa Rahmatullahi Wa Barakatuh
Yes certainly, your understanding is correct. It is permissible to buy stocks in the new
Islamic bank, rather it is better that you and other Muslims do and give it the support
it needs.
It is great to hear that you want to study Islamic financial law. I quickly suggest that
you need a strong background in Arabic, Usul al Fiqh and Fiqh axioms. I suggest
that you take a year or two to do that before you go to any Western school of law,
including those that claim they teach Islamic law and Islamic banking!
Please write me if you think I can be of any help.
Wa Allahu A'lam
Wa Alhamdu li Allah Rabb al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
------------------------
My Answer
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Majid,
Al Salamu Alaykum Wa Rahmatullahi Wa Barakatuh
The fact is that such prizes may be Halal or Haram depending on the way they are
done! a prize announced once in a while for promotion that may give to certain
accounts, in all categories: current and times, with no mention in the account
agreement and no regularity that makes it a known tradition of the bank, is
permissible and Halal to give and take. It is pure promotion and advertisement
activity.
It such a prize is given only to a category of accounts that is otherwise given interest,
mentioned in the agreement or announced to the public, with any kind of regularity
that makes it a custom or tradition of the bank known to the depositors, it becomes
Riba, hidden under the name of a prize but that does not change its ruling that is
Haram to give and take. If you get it you should give it away to Muslim charity, do not
leave it to the bank and being in Kuwait, you should also switch to an Islamic bank
for your investment deposits.
Wa Allahu A'lam
Wa Alhamdu li Allah Rabb al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
-----------------------------
My Answer:
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Tamer
Assalamu Alaykum wa Rahmatullahi wa Barakatuh.
If you live in an area where an Islamic bank is accessible, you should use its facilities
to open an account and other services unless it cost you much more than normally
charged by other banks. Egypt has several Islamic banks and there seems no need
to open an account with conventional banks in Egypt.
If you happen to have earned interest, such interest must be given to Muslim needy,
preferably through Muslim charitable organizations. You cannot use it for any
personal things including payment of taxes or even of interest you may have
contracted with a Riba-based institution. The reason is that earned interest is not
yours and the contract via which you earn interest is not valid from Shari'ah point of
view. This means that it is still owned by the bank that gave it to you. But we do not
leave it to the bank because it is interest-ridden (we then would be helping it doing
more evil) we have to treat it as money that has no owner: give it to charity. You will
be rewarded for keeping your own money and finance pure from the evil of Riba but
it is not considered a Sadaqah.
Wa Allahu A'lam
Wa Alhamdu li Allah Rabbi al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
----------------------------------------------
My Answer
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Khalil,
Al Salamu Alaykum Wa Rahmatullahi Wa Barakatuh
Yes, it is permissible to work as an actuary in a non-profit insurance entity. Is it a
company or a cooperative? what do you mean by its being a non-profit?
Actuaries make studies and plans and propose policies, premiums and adjustments
in practices, they do not make insurance contracts. It is prohibited to make an
interest-based contract including typing and signing it even if it is done on behalf of
an employer. If this non-profit invest its cash on interest basis, it is also prohibited for
a Muslim to make these interest-based contracts.
What is prohibited in interest is to make any increment in debts / loans between
persons/entities. It is not prohibited to use certain interest rate as a reference in
calculation of any other thing. Islamic banks use the prevailing interest rate in
determining the rate of mark up in the permissible Murabahah transaction; otherwise
they will fail in a market that is dominated by interest-based banks!
Wa Allahu A'lam
Wa Alhamdu li Allah Rabb al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
----------------------
From: Sadaqat
Sent: Wednesday, June 23, 2004 7:05 AM
Issalam Alaikum
Hope, by the grace of all mighty Allah, you will be fine together with family
I had attended the course recently conducted by you in Dubai ( 06/06/04 to 09/06/04,
and really enjoyed with you
I need clarification on the Murabahah transaction
1. Purchases of goods from supplier in order to re-sell the goods to its client.
After issuing LPO to the seller and receiving confirmation of sale to bank should we
record the transaction to reflect the purchase
For payment to the supplier
DT. Assets a/c Murabahah 20,000.00
CR PO issued/Check account 20,000.00
The above is required as per Shari'ah or not
.2Execution of sale contract with customer
Dt. Murabaha Loan account (Sale Price) 21,000
Cr. Sales (Purchase of goods under Murabaha) 20,000
Cr. S.Cr . Deferred profit (liability a/c) 1000
Profit amount declared and agreed by customer 1000 @ 5% p.a
OR OTHERWISE, CAN WE DIRECTLY RECORD THE SALE WITHOUT PASSING
ENTRY FOR PURCHASE , AS UNDER:
Dr. Murabahah Loan account (Sale Price) 21,000
Cr. PO issued/Check account 20,000
for direct payment to supplier(
Cr. S.Cr . Deferred profit (liability a/c) 1000
What is allowed under Shari-ah and what is practice in the Islamic bank
Appreciate if you kindly spare few minutes from your precious time and response to
the above
My Answer:
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Sadaqat
Assalamu Alaykum wa Rahmatullahi wa Barakatuh,
It is very nice to hear from you after the course. I personally also enjoyed being with
this group of intelligent and concerned people.
I don't have the accounting standards of AAOIFI but I am planning to visit Bahrain
soon and I will get the publication InShaAllah .
I therefore, can answer you according to the general standards that require the
accounts to reflect the actual legal relations. step 1 and two are correct but along
with step one an off-balance-sheet record is added to reflect the commitment of the
client to buy these goods as follows :
debit; client Murabahah commitment 21000
credit Murabahah goods purchased 21000
Of course, this record is reversed once the price is charged to the client account in
the second step .
The second difference is that in step 2 Islamic banks do not use the word "loans"
they used instead "Murabahah receivable account."
Additionally, most Islamic banks split the account of deferred profit, in step 2 in two:
one for current year and one for the next year .
I don't know of any Islamic bank that makes the record directly as you suggested in
the second alternative because there is always a time sequence between the two
steps. This is more obvious in import financing where the time gap between the two
steps becomes wider.
Wa Allahu A'lam
Wa Alhamdu li Allah Rabbi al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
-----------------------------------
My Answer:
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Feisal
Assalamu Alaykum wa Rahmatullahi wa Barakatuh.
I am not aware about the many Fatwa that you mentioned.
-1Mutual funds are treated the same way as stocks because what you buy in mutual
funds is in fact units in a company that is managed by someone for given fees and
its assets are the stocks it holds and trade. You cannot say that mutual funds are
Halal or Haram without knowing the assets they hold. If the majority of these assets
are Haram, holding units in the fund become Haram too. The OIC Fiqh Academy
discussed the matter of stocks in one of its sessions and its resolution is as follows:
I- stocks of companies that deal only in Halal products and Halal transactions
are permissible, example: stocks of Islamic banks or any company that does not deal
in interest and other prohibited products or contracts;
-2stocks of companies whose main business is prohibited are prohibited even
if the company makes some permissible activities, example: conventional banks
inspite of the fact that many of them give charities and spend on community services
that are certainly Halal. These stocks are Haram to buy, hold and sell because by
holding them you become partner and the actions of the management is done in
your name and on your behalf, as if you did them.
-3stocks of companies whose main line of business is permissible, like
computer or furniture production but they deal with certain prohibitions such as
getting interest-based loans or depositing on funds on interest or having a small
subsidiary that does that. The principle is that these companies are also Haram
because a little or peripheral Haram is as forbidden as a lot of it.
Here, a group of scholars dissents. They argue that at this time and under the world
circumstance such a prohibition creates a great hardship for many Muslims who
cannot invest their own savings directly. In application of the Shari'ah rules that
hardship always calls for relaxation; they continue that there must be certain criteria
to determine the degree of tolerance of such stocks (that obviously represent the
great majority of stocks). They came up with certain standards that aim at containing
the forbidden transactions within a restricted limit: income from interest and other
prohibited matters must not exceed 5% of the total income of the company, its
assets used in interest and other prohibited matters must not exceed one third of
total assets, it must not depend on interest-based borrowing for more than one third
of its total assets. Additionally a cleansing criteria must be applied whereby one must
estimate the percentage of the Haram in the company one invests in its stocks, both
dividends and capital gain and give away to Muslim charity the same percentage of
the return one get at the end pf the period.
These criteria are easy to apply because companies are required to issue this ifno.
Dow Jones Company used them and issued what is known as the D J Islamic
market index. And some companies bought the right to use it and established Islamic
market funds. Search for them on the internet.
To come back to the Mutual funds mutual funds that satisfy these criteria are
permissible with the cleansing requirement. You need to do your homework if you
want to invest in funds other than the Islamic funds.
2- I suppose the RRSP is the Canadian retirement funds, if it is not please correct
me and explain: No it is not better to invest in interest and give it to charity whole
there are outlets that are Halal. Interest given to charity is not considered Sadaqah; it
is only cleansing and it is InShaAllah rewarded as such; but if you invest in Halal and
still give from it is certainly rewarded at much higher rate, up to 700 times and more.
The Islamic Housing Cooperative of Canada is authorized as an RRSP outlet, and
you can invest in it the RRSP and it is Halal!
3- I am sorry not to be aware of the MANY Fatawa that interest for car and others is
ok! To the best I know interest is Riba and it is Haram in the Qur'an and Sunnah
whether it is for a car, a house, or any other purchase. It is one of the worst sins a
Muslim may ever do as it is the only sin that provokes a war from God and His
Messenger (the Qur'an, 2:279). True, under necessity a relaxation is incurred but a
necessity cannot be expanded to what is not necessary .
4- There is a strong argument for buying a house to reside in for Muslims living in the
West for several consideration that include decency of the area, schooling, building
equity, tax saving, etc, although these are not necessities in the strict sense but
since they apply to most or all Muslims in the West they are treated like necessities
under the rule that when a thing that is needed (but below necessity) applies to a
large number of people it is then treat as if it is a necessity; it is called in Fiqh ""Hajah
'Ammah."" I don't think it applies to buying cars in America unless in very very
special individual cases
5- I don't know of any Muslim who says it is permissible in Shari'ah to take a loan
with FIXED or variable interest. In fact Riba is defined as any increment in a loan. It
is certainly Haram and big Haram.
6- Leasing is permissible for cars and other things provided the lease agreement
does not contain other violations of Shari'ah. And one must look for such other
violations in lease contracts. It does not matter if the lease is done with a bank that
deals with interest or with an Islamic company that does not deal with interest .
Please do not hesitate to contact me for any other question and give my Salam to
Tariq, in the meanwhile try to make some homeword on the internet, start with the
word Islamic financing or look at my website especially the item Fatawa, it is
www.kahf.net
Wa Allahu A'lam
Wa Alhamdu li Allah Rabbi al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
-------------------------------------------
My Answer
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Annas,
Al Salamu Alaykum Wa Rahmatullahi Wa Barakatuh
Taking a training position in an investment bank is permissible because as a trainee
you will not make any 'real' interest-based transaction. Calculation, practicing and
learning Riba transaction are not prohibited. What is prohibited is to actually make a
transaction on Riba, even if you make for a client, such as buying a treasury bond for
a client. In fact you can work in a bank and an investment bank in areas that do not
make such transactions. Such training may benefit you to obtain good experience for
working in an Islamic bank. It is in fact needed in Islamic banks and other Islamic
financial companies.
Studying Islamic economics and Finance alone is really difficult, if you are good in
Arabic how about taking a Master's in Islamic economics and finance from the
Yarmuk university in Irbid, Jordan; I teach in the graduate program at this time (I
moved here only a month ago) and If you are good in English you may consider a
Master's from the International Islamic University Malaysia. It will take you about 2
years either ay, sufficient time to learn the basics of Islamic finance!
Wa Allahu A'lam
Wa Alhamdu li Allah Rabb al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
From: Annas
Sent: Monday, October 18, 2004 5:01 AM
thank your for your quick answer.
As far as the making a master in ""Islamic finance"" is concerned I would be
definitely interested, however, I am already legally bound to my university in
Germany, so at this instance I am rather interested in short-term programs or
distance universities.
The problem with an investment bank is that you are fully integrated into the team,
even as an intern. This means that is possible to be forced to do things one wouldn't
want to do - such as actual transactions on Riba related issues, or research on
issues or financial models that are the basis for transactions that are financed with
debt or the valuation of existing debt in companies. That is why I am not feeling good
about this.
Up to today I thought that in Riba the whole chain is Haram; certifying a Riba
transaction (i.e., as an accountant), doing the job of calculating the Riba for a certain
transaction or being involved in any activity that might lead to a Riba transaction.
Is your opinion on accounting (and internships in accounting) the same?
Thank your for your help,
Annas
My Answer
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Br. Annas,
Al Salamu Alaykum Wa Rahmatullahi Wa Barakatuh
It was only a guess from your last name that I thought I heard of this name before.
In Riba, four things are prohibited: taking, giving, writing and witnessing. Recording it
in accounting books is part of writing Riba and the Late Shaikh Zarqa made this
note, other accounting activities in a conventional bank are permissible. Theoretical
calculation for estimation of merger and other activities, advising about which deal
may be better for a customer (on interest basis) and learning how these deals are
done are not included in the prohibition. Also not included working in an interest-
based institutions in areas that do not require you to do, yourself, a prohibited
function.
For short courses you may try Markfield Program at the Islamic Foundation in
Markfield, Worchester, UK.
Wa Allahu A'lam
Wa Alhamdu li Allah Rabb al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
------------------------
My Answer:
Bismi Allah al Rahman al Rahim
Al Hamdu li Allah Rabb al 'Alamin
wa al Salatu wa al Salamu 'ala Sayyidina Muhammad wa 'Ala 'Alihi wa Ashabihi
Ajma'in
Dear Sr. Rahmath
Assalamu Alaykum wa Rahmatullahi wa Barakatuh.
In principle there are no differences between sexes in regard to work. The only
works that, although not forbidden, we Muslims do not usually like our females to do
are those that do not provide her with sufficient respect, like sweeping and cleaning
streets. These jobs are not prohibited though!
Obviously doing any forbidden action, whether as a job or otherwise, is not
permissible in our Shari'ah and this applies to women and men alike.
Working in a conventional bank is permissible provided that a Muslim(ah) does not
do any prohibited action. In this regards, the Prophet, pbuh, mentioned that the wrath
of God is on the taker, the giver, the writer and the two witnesses of Riba. Therefore
if your job in a bank does not require you to do any of these functions it is
permissible to work in a conventional bank because you should not expand on
prohibitions.
On the other hand, no one denies that working in a conventional bank in any
capacity amounts to helping in making prohibited transaction. It is therefore not the
best kind of job in the world! Other jobs that do not involve such a help to prohibited
actions are certainly better.
Working in an Islamic bank is no doubt much better than in conventional banks. The
Gulf area has several Islamic banks that still depend on expatriate employment and
to the best of my knowledge Islamic banks doe not discriminate on the basis of sex,
religion, color or race in their employment. I have seen non-Muslims working in
Islamic banks and I have seen females too.
Wa Allahu A'lam
Wa Alhamdu li Allah Rabbi al 'Alamin
Wassalam
Sincerely,
Dr. Monzer Kahf
-----------------------------------
My Answer,
Bismi Allahi al Rahmani al Rahim,
Al Hamdu li Allahi Rabbi al 'Alamin, wa al Salatu wa al Salamu 'Ala Sayyidina
Muhammad wa 'Ala 'Alihi wa Sahbihi 'Ajma'in,
Dear Br. Hayat
Assalamu Alaikum wa Rahmatu Allahi wa Barakatuh
Islamic banking is important, it has a future in North America as there will be soon a
time, after some effort on our part, when we will have full fledged Islamic banking.
MA's in Islamic banking are offered in several universities in Malaysia, Saudi Arabia,
Pakistan, UK, Jordan. I don't know of internet degrees that are accepted as equal to
such universities. It is not only self taught as you really need structured courses! You
know there are several internet universities that offer so called degrees in Islamic
banking; search the engine for their sites. But my advice is to try to join one
respected u or try to work in the Islamic finance section of the Royal bank of Canada
or the Islamic division of the HSBC in New York such a work would help develop
your understanding and I am sure you will make a difference on the North American
seen. May God help you.
Wa Allahu A'lam,
Wa al Hamdu li Allahi Rabbi al 'Alamin,
Wa Assalam,
Sincerely,
Dr. Monzer Kahf
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